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(영문) 울산지방법원 2021.01.12 2020고단2991
특수공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 21:45 on June 18, 2020, the Defendant, at the front intersection B located in Ulsan-gu, Ulsan-gu, B, and was under the influence of alcohol, she walked for pedestrians with a vision and fright at the same time, was frightened by the victim E (ma), 19 years old, F, and G, who was an auxiliary police officer belonging to the Korea National Police Agency D of Ulsan-gu, Seoul-do, where she had performed traffic service, such as pedestrian management, at the same time, and was frightened by the Defendant at his horse. The Defendant, at the same time, she was frightened by the victim, who was the Defendant at his horse, and she was frightened by the light f, which is a dangerous object that the F himself sawd in his hand.

Accordingly, the defendant carried dangerous articles and interfered with legitimate execution of duties concerning the protection of pedestrians and the maintenance of public order of auxiliary police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Act and subordinate statutes to report on investigation (the photographic of traffic manual “transport manual” to the criminal suspect)

1. Relevant Article 144 (1) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense and Articles 144 (1) and 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend the Republic of Korea;

1. Scope of punishment by law: Imprisonment with prison labor for one month to seven years;

2. Scope of the recommended punishment according to the sentencing guidelines / [type 1] Interference in the performance of official duties on the grounds of a crime interfering with the performance of official duties / [No person subject to special sentencing] [the territory of recommendations and the scope of the recommended punishment] basic area, six months through one year and six months.

3. Determination of sentence of this case has led to the confession of the crime of this case and the mistake is divided, the injured party does not have the punishment of the defendant, there is no record of punishment exceeding the same kind of crime or fine, the defendant's age, environment, motive and consequence of the crime, the means and consequence of the crime, and other various sentencing factors, such as the circumstances after the crime, shall be determined as the order.

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